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April 14, 2023
Question

I am a CA resident; worked on a small consulting project in NYS with a partner based on a MD LLC (no other income in the LLC). Do I have to file NYS/NYC LLC return and include this K-1 income in non-resident NYS/NYC state filings? Thanks.

  • April 14, 2023
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    1 reply

    April 14, 2023

    Yes, as stated in the instructions for New York Form IT-201: (Note, you would file Form IT-203)

    If you were a nonresident or a part-year resident of New York State and you received income from New York sources in 2022, you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return. 

    Unless you worked in New York City, you won't need to also file a NYC return.  

     

    Here is a link to the webpage for NY's Department of Taxation and Finance that defines resident, non-resident, and part-year resident which you might find helpful.

     

    NY Department of Taxation and Finance

     

    @km89 

     

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    km89Author
    April 15, 2023

    Thank you for your response. Would I file a NY IT-204 for the two member LLC to get the K-1s as well? Thanks again.